MEMORANDUM OF UNDERSTANDING 

REGARDING THE DISSEMINATION OF CRIMINAL HISTORY RECORD 

INFORMATION BETWEEN THE NEW MEXICO STATE GAMING 

REPRESENTATIVE AND THE ACOMA GAMING COMMISSION 

This Memorandum of Understanding ("MOU") is made between the Acoma 

Gaming Commission ("AGC") and the New Mexico State Gaming Representative 

("SGR") and concerns the dissemination of criminal history record information on key 

and primary management employees of Sky City Casino that derive from fingerprint 

cards that are submitted to the Federal Bureau ofInvestigation. 

I. PURPOSE AND GOALS 

WHEREAS, Acoma Pueblo, a federally recognized Indian tribe operates a 

Gaming Enterprise on its land located within the exterior boundaries of the Tribe's 

reservation; and 

WHEREAS, Acoma conducts Class III Gaming activities pursuant to a compact 

entered into between Acoma and the State ofNew Mexico ("State") and approved by the 

United States Department ofInterior ("Compact"); and 

WHEREAS, the AGC is the "Tribal Gaming Agency" identified to the SGR as 

the agency responsible for actions of the Tribe set out in the Compact and is the single 

contact with the State and may be relied upon as such by the State; and 

WHEREAS, the SGR is the person designated by the Gaming Control Board 

pursuant to the Gaming Control Act [60-2E-1 to 60-2E-60 NMSA 1978] who will be 

responsible for the actions of the State set out in the Compact; and 

MOU between State 

Gaming Representative & 

Acoma Gaming Comm. 

Page 1 of6 
WHEREAS, Section 5 of the Compact provides that AGC must conduct or cause 

to be conducted background investigations on primary management official and key 

employee applicants for licenses ( collectively, "License Applicants") to ensure License 

Applicants are qualified to participate in the Class III Gaming operations of Acoma; and 

WHEREAS, pursuant to Section 5 of the Compact, AGC is authorized to receive 

criminal history record information ("CHRI'') made available by the Federal Bureau of 

Investigations ("FBI") on License Applicants through the Integrated Automated 

Fingerprint Information System ("IAFIS") in connection with such investigations for 

licensure; and 

WHEREAS, SGR is authorized to receive CHRI from the FBI on License 

Applicants pursuant to Section 5 of the Compact; and 

WHEREAS, the FBI has authorized the secondary dissemination of CHRI on 

License Applicants by SGR to tribal gaming agencies; and 

WHEREAS, the parties seek to implement a pilot program whereby SGR will 

process License Applicant's fingerprint cards through IAFIS and will disseminate the 

resulting CHRI to AGC; 

WHEREAS, this MOU is being entered into to expedite the retrieval of CHRI 

which is necessary for AGC to make licensing decisions; and 

WHEREAS, this MOU is evidence of the good will and cooperative spirit 

between the Pueblo of Acoma and the SGR and represents an effective government-togovernment and regulator-to-regulator relationship, 

NOW THEREFORE, the AGC and SGR, consistent with the provisions of the 

IGRA and in accordance with the laws of the State and the Pueblo of Acoma, enter into 

MOU between State 

Gaming Representative & 

Acoma Gamiug Comm. 

Page 2 of6 
this MOU which sets out the guidelines to facilitate the dissemination of CHRI from the 

SGR to the AGC on License Applicants that derive from fingerprint cards that are 

submitted to the FBI. 

II. CONDITIONS 

The following are conditions under which the SGR will provide CHRI to the 

AGC: 

1. AGC will fingerprint License Applicants according to the requirements of the 

Compact, the Indian Gaming Regulatory Act, and other applicable law. 

2. The CHRI provided to the AGC shall be afforded proper security by AGC. The 

AGC shall ensure that access to all CHRI furnished by the SGR is restricted to personnel 

directly involved in licensing or investigatory deliberations. The AGC shall maintain 

records of the identities of all persons receiving access to the CHRI and such records 

shall be furnished to the SGR upon request. 

3. The CHRI provided by the SGR may be used by the AGC solely for the purpose 

of determining the license suitability for employment at Sky City Casino and in the 

investigation of potential crimes or regulatory violations. 

4. The provisions in this MOU shall in no way alter the duties or responsibilities of 

the AGC to provide the notice of results of the background checks on key and primary 

management officials to the National Indian Gaming Commission or the SGR. 

5. SGR shall ensure that access to the provided fingerprint cards and CHRI is 

restricted to SGR and its designees. 

6. SGR will review a License Applicant's CHRI to verify that the CHRI returned is 

a match for the Applicant finger prints submitted. 

MOU between State 

Gaming Representative & 

Acoma Gaming Comm. 

Page 3 of6 
7. Neither SGR, the State, nor agents acting on behalf of either, are responsible for 

any action taken by AGC on the basis of the information provided pursuant to this MOU. 

m. PROCESS 

1. AGC may submit License Applicants' fingerprint cards to SGR for processing 

through IAFIS. All License Applicant fingerprint cards shall be sent to the SGR by 

certified mail or delivered by personal service. All personal service, whether sending or 

receiving, shall be the responsibility of the AGC. All fingerprint cards must be 

accompanied by a written request for processing to SGR at the following address: 

New Mexico Gaming Control Board 

State Gaming Representative 

6400 Uptown Blvd., NE, Suite IOOE 

Albuquerque, New Mexico 87110 

2. For each individual License Applicant two original fingerprints cards must be 

submitted. Fingerprint cards must adhere to accepted FBI standards and must state in the 

block for Reason Fingerprinted, "Pursuant to Section 5 of the Tribal-State 

Compact/Tribal gaming applicant or licensee." 

4. SGR, or its designee, upon receipt of the written request and fingerprint cards, 

will as soon as administratively possible submit the fingerprint cards to the FBI for 

processing through IAFIS in order for the SGR to obtain the License Applicant's CHRI. 

5. SGR, or its designee, will attempt to process each License Applicant's fingerprint 

cards twice. In the event that the fingerprint cards are rejected by IAFIS or problems 

occur with IAFIS, the SGR will promptly notify AGC in writing of the problem with any 

corrective action that may need to take place prior to re-submitting the fingerprint card. 

MOU between State 

Gaming Representative & 

Acoma Gaming Comm. 

Page 4 of6 
If a License Applicant's fingerprint cards need to be re-submitted more than twice, AGC 

agrees to bear all costs associated with the re-submission. 

6. Upon receiving CHRI on each License Applicant submitted, the SGR or its 

designee shall as soon as administratively possible send the CHRI results by certified 

mail to AGC or make available for AGC or its designee to personally pick-up the CHRI. 

One of the original fingerprint cards will be returned with the CHRI in an envelope 

marked "confidential" to the AGC at the following address: 

Licensing Administrator 

Acoma Gaming Commission 

P.O. Box454 

Pueblo of Acoma, NM 87034 

7. The second original License Applicant fingerprint card will remain with the SGR 

for administrative and audit purposes. 

8. Should the SGR elect to conduct a background investigation on an Applicant the 

SGR will make a written request to AGC for access to the CHRI and any other 

information necessary to conduct its own investigation. 

IV. COSTS 

I. The AGC shall incur all costs involving the delivery of the License Applicant 

fingerprint cards to the SGR and return delivery of the resulting CHRI. All other 

administrative costs associated with this MOU will be borne by the SGR, with exception 

of the occurrence when a License Applicant's fingerprint cards need to be processed 

through IAFIS more than twice. 

V. DURATION 

MOU between State 

Gaming Representative & 

Acoma Gaming Comm. 

Page 5 of6 
1. The terms and conditions of this MOU will begin effective upon signature ofthe 

SGR. 

2. Amendments to this MOU must be made in writing signed by the parties. 

3. This MOU will terminate upon IO days' written notice by one party to the other. 

NEW MEXICO STATE 

GAMING REPRESENTATIVE 

By: G-99'-/ I)· 

Title: WC<...fp../;ja,.,,r,.-vr1 'i( ~4✓ • 

Date: l 1 / .;;i. I / o :J-.. Date:_,_/=.,:;..,._,/,_,_yf-/j_0~2-~--- r I / 7 

12@~ 

Page 6 of6 

ACOMA GAMING COMMISSION 

MOU between State 

Gaming Representative & 

Acoma Gaming Comm.